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Character Evidence

JURY INSTRUCTIONS:Special Instructions

Revised CALJIC 2.40 & 2.41 (Character Trait for Sobriety)
Evidence has been received of the defendant’s character trait of moderate use of alcohol. Such a character trait for moderate use of alcohol is consistent with sobriety.

The character trait for moderate use of alcohol may be sufficient by itself to raise a reasonable doubt as to the guilt of a defendant. It may be reasoned that a person who drinks moderately may not be likely to commit the crimes of driving under the influence.